Introduction
Moral principles are the backbone of society. In the process of establishing rules and hierarchies to follow, people have chosen certain principles and beliefs that are beneficial to them as a group. Common taboos such as killing or stealing are understood as detrimental to social life, creating an incentive to prevent people from committing them. Similarly, nations create and uphold laws in order to reach specific goals or prevent unwanted outcomes. There is a direct link between what society understands as valuable, morally and ethically, and legislation. With the evolution of human thought, the law changed accordingly, following certain precedents or exchanging them for newer ones.
While it is impossible for established law to account for any moral dilemma, the commonly understood boundaries of right and wrong can often be supported by existing legislation. This paper is concerned with discussing and showcasing the direct link between moral issues and legality. Using examples from the past, including case law and historical events, it will be possible to approach this subject. In particular, topics of international workers’ rights and racial segregation will be broached, as their legal status has shifted along with the people’s moral values.
Changes in Law Created by Moral Concerns
Worker Rights
Throughout history, work has always been a part of people’s lives. An activity directed at securing a living, creating certain outcomes that are necessary for human prosperity. With the transition from feudal to capital societies, work became vital in producing goods and services. Without labor, it is impossible to support the economy, maintain a capitalist framework and fulfill the needs of consumers. Workers as a central force in promoting the necessary outcomes for society as a whole. Due to the existence of a profit motive, and a lack of regulation in early capitalism, emerging factories rarely had workplace regulations or protections for their laborers. For many, this resulted in trauma, injury, and death in the workplace. People were overworked in unsafe conditions for meager pay, forced into the production cycle that regarded them as simple cogs in the machine.
The mistreatment of workers contributed to the emergence of worker’s rights organizations, which argued against unethical and immoral workplace treatment of employees. Different nations have had their own distinct relationships with the concept of workplace advocacy, depending on their history or leadership. However, the vast majority of nations have been able to enact labor laws in a certain capacity. Social movements, protests, sit-ins and active participation of workers all across the world were effective in highlighting the moral reprehensibility of contemporary professional practices1. Most worker’s rights organizations found the existing lack of protections or considerations for the working class intolerable and focused on helping the common people. They argued that individuals have to be treated with dignity and fairness, considering their worth and individual humans and their needs. This is especially true of considerations such as child labor, unreasonably long work hours, or a lack of days off2. In the US, a combination of factory owner neglect and a desire to maximize profits drove factories to ignore the moral and ethical concerns of their workers. The Fair Labor Standards Act, introduced in 1938, established regulations for acceptable work hours, pay, and days off and fully prohibited child labor (Fair Labor Standards Act of 1938). The incessant work of activists and worker’s interest groups has forced changes in the government, which recognized the unethical nature of harsh business practices. Other nations were similarly capable of negotiating fairer labor standards. In France, the Matignon Agreements of 1936 established a regulated work week, labor protections and minimum wage3. For UK workers, the 1998 National Minimum Wage Act was a notable legislative change, giving all employees more livable and secure wages4. The collective work of governments and their people was able to make labor practices align better with the social and moral standards of today’s age.
Segregation and Massive Resistance in the US
Segregation is another major consideration for the United States of America, one connected with its storied legacy of slavery. Even after slaves were legally freed, black people were largely unable to enjoy the same rights and capabilities as their white counterparts. Local governments, businesses and various entities worked to dictate where the black population could live, study, and even eat. Certain states used their authority to force the newly freed slaves into a system of suppression and exploitation. In the state of Virginia, for example, the local constitution of the time focused heavily on reinforcing the principles of white supremacy and black subjugation5. In particular, black people were largely excluded from voting, disallowing them from shaping the future of their community. Similarly, all-black schools received limited funding, and African-Americans were often forced to live in poorer areas6. The combination of existing law and a lack of protection contributed to a systematic disparity between the black and white populations.
Despite established laws and protections against segregation existing in the US Constitution, states were able to exercise their own authority in order to reinforce certain outcomes. However, considerable public pushback could also be felt, both from the legal and ethical side of the issue. With the precedent set by the Brown v. Board of Education case, other courts and public figures argued on the unconstitutional nature of segregation7. Public figures in newspapers, such as Lenoir Chambers of The Virginian-Pilot, worked tirelessly to convince the public about the immoral nature of segregation8. The efforts of black activist groups, good-faith politicians and courts have laid a path forward to fighting the remains of segregation in the US. This has resulted in other precedent court cases, such as the one discussed in Harrison’s contemporary article9. The writing talks about the Court for the Eastern District of Virginia’s decision to rule desegregation as unconstitutional, which signaled a major shift in legal and public opinion within Virginia. The existence of an active conversation has helped the courts to take matters to the legal level and support vulnerable individuals.
Conclusion
The examination of these two subjects has presented an important connection between legislation, people’s rights and morality. In the course of history, people that cared about the lives and health of others wanted to see positive change which reflected the value of human life have prompted changes in legislation. Considerations of ethics and morality of people’s treatment coincided with the need to protect certain groups, allowing the law to change. Workers demanded to be treated with dignity and understanding that was warranted by their importance, prompting the government to introduce better labor standards. Similarly, activists and public media figures fought against segregation and opposed attempts at re-introducing it in society. Their concerns and passion, often focused on the well-being and security of others, were rooted in what they understood as right for society. People who want to see their community better reflect individual-centered moral considerations are largely responsible for shaping today’s legislation.
Reference List
Crawford, Jason. “How Factories Were Made Safe.”The Roots of Progress.
Daugherity, Brian. “Desegregation in Public Schools.”Encyclopedia Virginia.
Harrison, Joseph. “Virginia’s ‘Massive Resistance’ Laws Declared Unconstitutional.” The Journal of Negro Education 28, no. 2 (1959): 163.
Hayter, Susan, and International Labour Office. The Role of Collective Bargaining in the Global Economy : Negotiating for Social Justice. Cheltenham, Uk ; Northampton, Ma: Edward Elgar ; Geneva, Switzerland, 2011.
Lebowitz, Shana. “Here’s How the 40-Hour Workweek Became the Standard in America – Business Insider.”Business Insider. Business Insider, 2015.
Leidholdt, Alex. Standing before the Shouting Mob Lenoir Chambers and Virginia’s Massive Resistance to Public School Integration. Univ Of Alabama Pr, 2007.
Queen Mary University of London. “A Short History of the Living Wage in the UK.”Www.qmul.ac.uk.
Ralph Clipman Mcdanel. The Virginia Constitutional Convention of 1901-1902. Holmes Beach, Fl: Gaunt, 1999.
Appendix 1 – Case Law
Brown v. Board of Education of Topeka [1954] 347 U.S. 483 (U.S. Supreme Court).
Appendix 2 – Legislation
Fair Labor Standards Act of 1938 [Online]. U.S. Department of Labor Wage and Hour Division.
Footnotes
- Shana Lebowitz, “Here’s How the 40-Hour Workweek Became the Standard in America – Business Insider,” Business Insider (Business Insider, 2015). Web.
- Jason Crawford, “How Factories Were Made Safe,” The Roots of Progress. Web.
- Susan Hayter and International Labour Office, The Role of Collective Bargaining in the Global Economy : Negotiating for Social Justice (Cheltenham, Uk ; Northampton, Ma: Edward Elgar ; Geneva, Switzerland, 2011).
- Queen Mary University of London, “A Short History of the Living Wage in the UK,” Www.qmul.ac.uk. Web.
- Ralph Clipman Mcdanel, The Virginia Constitutional Convention of 1901-1902 (Holmes Beach, Fl: Gaunt, 1999).
- Brian Daugherity, “Desegregation in Public Schools,” Encyclopedia Virginia. Web.
- Brown v. Board of Education of Topeka [1954] 347 U.S. 483 (U.S. Supreme Court).
- Alex Leidholdt, Standing before the Shouting Mob Lenoir Chambers and Virginia’s Massive Resistance to Public School Integration. (Univ Of Alabama Pr, 2007).
- Joseph Harrison, “Virginia’s ‘Massive Resistance’ Laws Declared Unconstitutional,” The Journal of Negro Education 28, no. 2 (1959): 163.